The November 2007 Priority Dates

By Michael J. Gurfinkel Esq.

The priority dates for Employment-based petitions (PERM/Labor Certification) did not move forward at all under the November 2007 visa bulletin. According to the Department of State (DOS), "the reason for this is that it is still too early to see what impact the movement of the cut-off dates toward the end of FY-2007 may have on demand. Depending on the rate of demand being received from Citizenship and Immigration Services offices for adjustment of status cases, some forward movement of [priority] dates may be possible for December [2007]". In other words, DOS is still trying to determine the availability of visas based on the remaining "supply", and the "demand" for those visas from USCIS. Once the "dust has settled", and the DOS has a better idea of the supply of Employment-based visas, the priority dates could move forward in December 2007.

However, Family-based petitions typically moved forward anywhere from 2 weeks to 1 month, as shown in the November 2007 Visa Bulletin.

Petitions by Citizens:

The priority date for the First Preference Category, F-1 (unmarried sons and daughters of U.S. citizens, over 21 years of age) moved forward by 1 month and 7 days, from June 15, 1992 to July 22, 1992.

The Third Preference Category, F-3 (married sons and daughters of United States citizens) moved forward by 7 days from February 22, 1991 to March 01, 1991.

The Fourth Preference, F-4 (brothers and sisters of United States citizens) moved forward by 1 month from July 08, 1985 to August 08, 1985.

Petitions by Green Card Holders:

The Second Preference, F-2A (Spouse and minor children (below 21 years old) of green card holder) moved forward by 1 month, from November 15, 2002 to December 15, 2002.

The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by 14 days from December 08, 1996 to December 22, 1996.

Petitions by Employers:

The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) remained the same at August 1, 2002, and visas for unskilled ("other") workers also remained the same at October 01, 2001.

Each month, the Visa Office of the State Department publishes the priority dates for that particular month. This means that visas would now be available for persons whose priority date is earlier than the cut-off date listed below. If your priority date was "current", but retrogressed before your immigrant visa was issued (or before you adjusted status in the U.S.), you would have to wait until it becomes current again.

The November 2007 priority dates for the Philippines are as follows:

FAMILY CATEGORY:

First Preference
Unmarried sons and daughters of U.S. citizens (over 21 years of age)
July 22, 1992 (October 2007, the priority date was June 15, 1992.)

Second Preference
2A.Spouse and minor children (below 21 years old) of green card holder
December 15, 2002 (In October 2007, the priority date was November 15, 2002)

2B.Unmarried sons and daughters (over 21 years old) of green card holder
December 22, 1996 (In October 2007, the priority date was December 08, 1996.)

Third Preference
Married sons and daughters of U.S. Citizens.
March 01, 1991 (In October 2007, the priority date was February 22, 1991.)

Fourth Preference
Brothers and sisters of U.S. Citizens.
August 08, 1985 (In October 2007, the priority date was July 08, 1985.)

LABOR CERTIFICATION:

Third Preference
Professional/Skilled Workers
August 1, 2002 (In October 2007, the priority date was the same.)

Other workers
Non-Skilled Workers
October 01, 2001 (In October 2007, the priority date was the same.)